ryan5439

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ryan5439 last won the day on May 16 2015

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About ryan5439

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    Michigan
  1. @bmc100, There was no affidavit or terms just a simple printout. How would go about doing this? sorry i have little to no law experience.
  2. I want to thank you all for responding and trying to help me out here. After about a week of research I've decided to bite the bullet and hire a lawyer. I've decided this because of the following reasons: 1. Everyone I talked to online and the attorneys I called said dealing the OC (BofA) was tough because they were aggressive and could easily prove everything. 2. The same I heard about Stillman, they are an aggressive law firm and has been doing only commercial debt recovery for several years. 3. Michigan is a "creditor friendly" state and the judges see a large about of these collection suits so they tend to let the creditors' suits move forward with minimal paperwork. 4. Even if I was to do a good job fighting this pro se, it might be worth it just to have an experienced NACA lawyers name on the documents, even if he was to submit the same documents I did. 5. It's less stressful to have someone do this who has done it before. Again, Thank you all I really appreciate it.
  3. @CCRP How would I write that up in the motion to dismiss/answer?
  4. How would I answer in order to try and negotiate a lower amount?
  5. This does not sound good at all...You would think there would be some law that helps you out vs creditors if you get injured and cant work....sigh =(
  6. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stillman law office 3. How much are you being sued for? 7k 4. Who is the original creditor? (if not the Plaintiff) BofA 5. How do you know you are being sued? (You were served, right?) yes, served 6. How were you served? (Mail, In person, Notice on door) in person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Only stillman saying that BofA may invoke its right to sue you - I called stillman to talk about it - i said I could pay later after my disability cleared - they sued anyways 9. What state and county do you live in? MI, Wayne county 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2013 SoL is not applicable 11. What is the SOL on the debt? To find out: 6yrs Statute of Limitations on Debts 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. no 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Did not receive a questionnaire. 1. That the defendant herein is indebted to the plaintiff upon open account or pursuant to contract, and defendant accepted same. 2. Plaintiff has completed performance and defendant agreed to pay the account, copy attached. 3. There is presently due and owning, over and above all legal counter claims, the sum of $6917.91 4. Plaintiff requests judgement for $6917.91 plus court costs. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Attached is a form from BofA simply stating my name, account number, amount owed, and the last interest charge. Is this worth it to fight since its BoA directly not a JDB? I have just been cleared for disability (is that any kind of defense?) - i was in a bad car accident and that's why I couldn't pay it...I called stillman and told him i could pay after i got cleared for disability and he sued anyways. Very scared I dont know what to do!!!